Can my I-130 the place of I-129F in line?

[bigdog 377]

This is simple.

In order to get an I-129f petition approved you must BOTH be eligible to marry. You are not, you are married already to each other! The I-129f is dead, you killed it the moment you got married. You do not have to like it, want it, or agree with it. It just is. Nothing bad, nothing new and you are not the first or the last to change their mind (you think I am guessing about this, right? )

You now have an I-130 in there also. The I-130 REQUIRES that you be married to the person you are petitioning. When they see you also have an I-129f for the same person,(they WILL see that) they are not going to approve the I-130 because you have another document on file which says you are NOT married to this woman.

You have one official document saying you are NOT married to Jane Doe, and another official document saying you ARE married to Jane Doe. You cannot be both single AND married to Jane Doe at the same time. USCIS is not going to try to decide which is correct. Why would they waste their time and make someone else wait while they sort out the nonsense? They just deny both and let you re-apply. "Kill them all and let you sort them out"

Withdraw the I-129f with a registered letter to the Service Center referencing the case number on the NOA1, explain what has happened and also reference the NOA1 case number of the I-130. There is nothing bad here, nothing wrong. You changed your mind, just tell them and get on with it. You are out the cost of the I-129f petition and the brief headstart. So what? It is nothing in the scheme of things overall.

OR...don't. My wife is already a citizen, makes no difference to me.

:thumbs:Great line at the end.

[B_J 2,752]

Withdrawing is not what I want to do at this point. Thanks though.

Ok when they both get approved I will post copies here for you. Thanks.

Wow...we have made a decision that may affect us only. Thanks!

These may be my favorite posts of all time.

[RichF 13]

Ah such great comedy reading for a tues evening

[cdneh 3,112]

These may be my favorite posts of all time.

Pretty outrageous really. I've often wondered what the point is in soliciting advice you aren't prepared to listen to. He will end up with two denials as it is.

[Enigma11561 336]

Old expression. Never try to teach a pig to sing. It wastes your time and annoys the pig.

We gave him good advice. He is not going to listen. He will be back at some point asking why his petitions were denied and what to do next. To which we will nicely reply..start over.

[cdneh 3,112]

Old expression. Never try to teach a pig to sing. It wastes your time and annoys the pig.

We gave him good advice. He is not going to listen. He will be back at some point asking why his petitions were denied and what to do next. To which we will nicely reply..start over.

Reminds me of my Grandmother : " You can't tell a dill pickle nothin' "

[B_J 2,752]

"You can't have both of the petitions open at the same time. You'll be denied."

"Yes I can."

Reminds me of the Black Knight from Monty Python and the Holy Grail.

[ARTHUR chops the BLACK KNIGHT's left arm off]

ARTHUR: Now stand aside, worthy adversary.

BLACK KNIGHT: 'Tis but a scratch.

ARTHUR: A scratch? Your arm's off!

BLACK KNIGHT: No, it isn't.

ARTHUR: Well, what's that then?

BLACK KNIGHT: I've had worse.

[Kazulie 132]

It always amazes me how these people who think that the immigration rules don't apply to them or that they can find away around the rules to make their situation work keep popping up on here! Lol they only learn when they see how much TIME and MONEY they have spent trying to cheat the system.

I would wish the OP good luck but no amount of wishes, luck or prayers is going to get him what he wants so I guess I will just say bye now!

Bye!

[MrsOyetunji 9]

many people have advised him on what is the best thing to do but he insisted on doing what he wants. so please leave him alone, let him follow his mind. as he have said earlier, whether good or bad, he is the one to reap it . @ my VJ members , you have all tried your best

[Berty 74]

Pretty outrageous really. I've often wondered what the point is in soliciting advice you aren't prepared to listen to. He will end up with two denials as it is.

It seems to me the OP wanted confirmation or at least affirmation of their plans. They didn't get it and stuck to their guns. Pretty silly really and I assume they'll either be back here at a later stage (under a different name) or go it alone. Either way, the current set-up isn't going to work out at all and they'll regret not taking the extra effort.

[Boggy1974 124]

It's hilarious...how you are in arms!lol.lol

[Grant PDX 183]

The one thing that pops up from time to time is those few who seem to slip through without problems, even though they seem out of the norm. Some folks get RFE's for Letters of Intent. This isn't my first visa rodeo, and in my last one I had NOA2 without LoI's. The OP may get approved on one or both petitions with no problems. The information he's been given would be accurate in 98% of the cases, but he might be the one who slips through and gets approved without issues. Who knows?

In 98% of the cases he will get denied and have to start over, losing all the advatages of the less expensive faster green card process. That's up to him. The reason for switching was to be faster/cheaper and more than likely he will lose both and be slower/more expensive.

As he said, it's entirely up to him if he wants to follow the advice. We are concerned that he may fall in the 98% and have real issues later. He doesn't care and is confident he is in the 2%. If he is corret he will be back on here gloating, telling everyone they were wrong and he was right. If he's wrong we'll never see him again, at least under the same username, as he will be busy untangling an expensive time consuming and draining mess and won't want to give everyone the satisfaction of having tried to help him but hitting his ego brick wall.

OP, best of luck. Folks are trying to help. You're correct, following the very good advice you've been given is certainly up to you.

[Pitaya 2,577]

It's hilarious...how you are in arms!lol.lol

Good luck on your visa journey.

[Boggy1974 124]

Thank you Grant PDX. You have provided the best sentiment thus far: "Advice can be given but cannot be forced on anyone". We made our decision and we are sticking with it. We will come tell the forum when both petitions are approved! We appreciate all the kind wishes!!!

[Boggy1974 124]

This is our last post on the subject. We have moved on.